1

Court No. - 6

Reserved

Case :- SECOND APPEAL No. - 596 of 2022

Appellant :- Smt. Neelam Devi

Respondent :- Manoj Kumar and another

Counsel for Appellant :- Mr. Ramesh Kumar Chaurasia,

Advocate

Hon'ble J.J. Munir,J.

This is a plaintiff's second appeal arising out of a decree

passed by the two Courts below, concurrently dismissing the

suit for declaration and permanent prohibitory injunction.

2.

Heard Mr. Ramesh Kumar Chaurasia, learned Counsel

for the plaintiff-appellant in support of the motion under Order

XLI Rule 11 C.P.C.

3.

The plaintiff-appellant (for short, 'the plaintiff') instituted

O.S. No. 279 of 2010 before the Civil Judge (Sr. Div.), Ballia,

seeking a declaration to the effect that the entire premises as

detailed at the foot of the plaint is the exclusive property of the

plaintiff since 1999 and that the defendants have no right in the

said property. A permanent injunction was sought to the effect

that the defendants be restraining from dispossessing the

plaintiff from the shop denoted by figures 1, 2, 3, 4 in the plaint

map annexed, from transferring any part thereof, without a

partition by metes and bounds, and further interfering with the

plaintiff